Premature transfer: Appointment of PDA chief challenged in court
Sareer Muhammad Khan claims he was appointed to the post for a couple of hours.
The posting of the petitioner (Khan) as DG for a few hours and his transfer to Mansehra is based on mala fide and ulterior motives, alleged the petitioner. PHOTO: FILE
PESHAWAR:
A writ petition filed at Peshawar High Court (PHC) on Monday has challenged the appointment of Peshawar Development Authority’s (PDA) director general (DG).
Sareer Muhammad Khan filed a petition through his lawyer Ghulam Mohyuddin Malik stating he was promoted to Basic Pay Scale (BPS)-20 on February 19 and then appointed as PDA DG (BPS-20) on September 4.
“On the same day, another notification was issued by the Khyber-Pakhtunkhwa chief secretary whereby the petitioner (Khan) was transferred to the post of Mansehra Development Authority’s project director, a post meant for a BPS-19 officer,” read the petition.
Since Khan was a BPS-20 officer, the post of PDA DG was upgraded to BPS-20 from BPS-19, it added. However, a few hours later Khan was transferred and Muhammad Saleem Khan, who is a BPS-19 officer, was appointed PDA DG in his place.
“The posting of the petitioner (Khan) as DG for a few hours and his transfer to Mansehra is based on mala fide and ulterior motives because the person who replaced him is related to a very influential military official in the province. Despite being a senior officer, the petitioner was transferred without specifying any valid or legal reason,” read the petition.
K-P chief secretary, district government and rural development department secretary, establishment department secretary and PDA DG were cited as respondents in the appeal.
“The respondents, particularly the chief secretary, have not acted in accordance with the law in view of Article 4 of the Constitution, Section 24 (A) of the General Clauses Act, 1987 and thus the impugned order passed is without merit and unsustainable in the eyes of the law,” stated the petition.
Khan urged the order of his transfer be declared null and void and an order be passed restoring him as PDA DG.
Published in The Express Tribune, September 10th, 2013.
A writ petition filed at Peshawar High Court (PHC) on Monday has challenged the appointment of Peshawar Development Authority’s (PDA) director general (DG).
Sareer Muhammad Khan filed a petition through his lawyer Ghulam Mohyuddin Malik stating he was promoted to Basic Pay Scale (BPS)-20 on February 19 and then appointed as PDA DG (BPS-20) on September 4.
“On the same day, another notification was issued by the Khyber-Pakhtunkhwa chief secretary whereby the petitioner (Khan) was transferred to the post of Mansehra Development Authority’s project director, a post meant for a BPS-19 officer,” read the petition.
Since Khan was a BPS-20 officer, the post of PDA DG was upgraded to BPS-20 from BPS-19, it added. However, a few hours later Khan was transferred and Muhammad Saleem Khan, who is a BPS-19 officer, was appointed PDA DG in his place.
“The posting of the petitioner (Khan) as DG for a few hours and his transfer to Mansehra is based on mala fide and ulterior motives because the person who replaced him is related to a very influential military official in the province. Despite being a senior officer, the petitioner was transferred without specifying any valid or legal reason,” read the petition.
K-P chief secretary, district government and rural development department secretary, establishment department secretary and PDA DG were cited as respondents in the appeal.
“The respondents, particularly the chief secretary, have not acted in accordance with the law in view of Article 4 of the Constitution, Section 24 (A) of the General Clauses Act, 1987 and thus the impugned order passed is without merit and unsustainable in the eyes of the law,” stated the petition.
Khan urged the order of his transfer be declared null and void and an order be passed restoring him as PDA DG.
Published in The Express Tribune, September 10th, 2013.